Original Approval Date: 1/93
Revised: 1/94, 5/97, 7/97,1/02 & 4/03
Approved:
| April 11, 2003 Date |
/s/ Calvin Leggett Calvin Leggett, PE, Manager Program Development Branch, NCDOT |
| 10 Apr 03 Date |
/s/ Gregory J. Thorpe Gregory J. Thorpe, PhD, Manager Project Development & Environmental Analysis Branch, NCDOT |
| April 15, 2003 Date |
/s/ Donald J. Voelker Donald J. Voelker Acting Division Administrator, FHWA |
Table of Contents
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FOR FEDERAL-AID PROJECTS
PROCEDURES FOR PROCESSING TYPE I, TYPE II(A), AND TYPE II(B) CATEGORICAL EXCLUSIONS
The Council on Environmental Quality's (CEQ's) Regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) (40 CFR Parts 1500-1508, November 29, 1978) defined "Categorical Exclusion" as a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which neither an environmental assessment (EA) nor environmental impact statement (EIS) is required (40 CFR 1508.4). Federal agencies were directed to develop procedures for evaluating such actions.
The Federal Highway Administration (FHWA) issued regulations governing the preparation of environmental impact statements and related documents. The most recent regulation was promulgated August 28, 1987 (23 CFR 771). The FHWA regulations address three classes of actions: Class I (EISs); Class II (EAs); and Class III (Categorical Exclusions [CEs]).
Categorical Exclusions [23 CFR 771.117] are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on the natural, cultural, recreational, historic, or other resources; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental impacts.
The purpose of this guidance is to define and clarify documentation requirements and approval procedures for Federal-Aid projects classified as CEs. CEs may be divided into two groups. Type I CEs are those which are pre-approved and do not require any further NEPA approval by FHWA. No further documentation is required for Type I CEs. Type II CEs are those projects which require further documentation to demonstrate that significant environmental effects will not result before being approved as a CE. The following points provide guidance as to the level of effort required for such documentation:
The public involvement process is applicable for CEs, as determined appropriate through coordination with FHWA. Citizen informational workshops and/or contact with local civic groups and citizens may be appropriate for a project classified as a categorical exclusion. However, public involvement does not preclude a project from being processed as a programmatic categorical exclusion. It is noted that as for all projects, projects processed as Type II(A) and Type II(B), the North Carolina Department of Transportation's (NCDOT's) current erosion control policy, Erosion and Sedimentation Control Guidelines and, where water resources are involved, "Best Management Practices for Protection of Surface Waters" will be adhered to during project construction.
Possible design exceptions should be noted in all CE documents, as indicated in "NCDOT -FHWA Design Exceptions." Design exceptions should be noted in Part D of the Categorical Exclusion Action Classification Form.
A "consultation" is essentially a review of a planning document to insure that the project and its anticipated impacts are essentially the same as were documented in the NEPA document. In general, consultations on CE's have been delegated to NCDOT. A written consultation is required to be completed by NCDOT for projects as impacts occur and/or more than one year has elapsed between any two of the following events: approval of the planning document, right of way authorization, and construction authorization. However, no consultations are required for Type I, Type II(A), or Type II(B) CEs, unless the project involves a Section 4(f) resource or review of the proposed project during the consultation process reveals a substantial change in the project design or scope; consultations involving projects with Section 4(f) resources or those having substantial changes are required and must be approved by FHWA.
Regardless of the need to prepare a written consultation for projects processed as CEs, the engineer is responsible for performing two tasks: (1) updating the project's involvement with Threatened and Endangered species, as per the current U. S. Fish and \\I.ildlife Service list for North Carolina (as Section 7 requirements must be fulfilled, per the current species list, prior to right of way or construction authorization by FHWA), and (2) reviewing the list of environmental commitments contained in the Categorical Exclusion Action Classification Fom1 and coordinating with the appropriate individual in the Design Branch to insure that these environmental commitments have been incorporated into the project. For Type II(C) CEs, written consultations are required.
Minor revisions to the procedures or threshold criteria for CEs may be necessary as environmental laws, regulations, and policies change. Adjustments to this document may be made through coordination with and approval by the FHWA. All previous documents which pertain to programmatic CEs are superseded by this document.
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FOR FEDERAL-AID PROJECTS
A. BACKGROUND
The Federal Highway Administration (FHWA) and the North Carolina Department of Transportation (NCDOT) have developed a Categorical Exclusion Action Classification system for projects meeting the applicability criteria or threshold values set forth in this document. Projects which meet this criteria, noted as Type I and Type II(A), are hereby approved by the FHWA as Categorical Exclusions (CEs) and require no further environmental documentation or NEPA approval; however, the project engineer is responsible for contacting the appropriate FHWA Area Engineer during the early stages of project planning to obtain concurrence that the categorical exclusion designation (Type II(A) or Type II(B)) is appropriate.
B. CE CLASSIFICATIONS
The FHWA has classified categorically excluded projects into two separate types, Type I and Type II. No further documentation is required for Type I CEs. Type II CEs are further sub-divided and categorized depending on the level of documentation and approval required. A discussion of each type of CE is provided below.
Type I Actions
Type I actions meet the criteria for CEs in CEQ regulations and 23 CFR 771.1 17(a) and normally do not require any further NEPA approval by FHWA. Type I actions (23 CFR 771.117(c)) are listed below (#1 through 20), in addition to # 21, which is approved by the FHWA Division Office as a Type I action:
Type II Actions
Type II actions (23 CFR 771.117(d) and other similar actions) may be designated as CEs only after FHWA approval. Documentation, which demonstrates that the specific conditions or criteria for these CEs are satisfied and that significant environmental effects will not result, is required (23 CFR 771.117 (a) and (b)). Type II actions include:
C. THE CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
The Categorical Exclusion Action Classification Form, which is included in the Appendix of this guidance material, is the worksheet which is to be completed by the engineer to provide information about the project, such as: project description, purpose and need, proposed improvements, special project information, a checklist for a Type II CE to determine environmental effects of the proposed action, and an approval sheet for the CE The information gathered during the planning process of a project is used to answer key questions which enable the planning engineer to determine if the improvements associated with the project will have a "significant" effect, either individually or cumulatively, on the human or natural environment. The completed form, with pertinent "back-up" project data attached, will replace the conventional project planning document for those projects which are classified as Type II(A) or Type lI(B) CEs.
The Categorical Exclusion Action Classification Form includes the following:
Part A: Project Description. A description of the project, including the project scope and location.
Part B: Purpose and Need. A discussion as to the purpose and need of the project is provided here. The project's compatibility with an approved thoroughfare plan and other programmed projects may be noted here.
Part C: Proposed Improvements. A comprehensive list of actions which are classified as categorical exclusions is provided. Major project activities must be correlated with the actions specified in the list.
Part D: Special Project Information. Special design, environmental information or commitments, in addition to any permits which are anticipated, should be listed here. Such information may include: design speed, traffic volumes, typical section, structure type (culvert or bridge) and dimensions, design exceptions, etc. For bridge replacement projects, a brief discussion of the method of handling traffic, either on-site or off-site, during construction should be noted. Any other specific information which needs to be related to the Design Branch or other disciplines in the Department should also be included.
Part E: Threshold Criteria. A questionnaire to be completed for projects which are to be processed as Type II CEs is included. In this part of the checklist, a series of questions is presented to help determine if the project will adversely affect the environment. A response to a question on the checklist which yields an unfavorable response (a check in a box) will require consultation with FHWA and additional documentation to demonstrate that the project will not have a significant effect on the environment.
Part F: Additional Documentation Required for Unfavorable Responses in Part E. Any question which yield an unfavorable response (a check in a box) in Part E requires further documentation and coordination with FHWA. This documentation may consist of statements and/or reference to supporting documentation which may be attached to the Categorical Exclusion Action Classification Form.
Part G: CE Approval. A CE approval form for Type II(A) and Type II(B) CEs is included. Pertinent project information, type of CE classification, and the signatures of the appropriate Assistant Branch Manager, Project Planning Unit Head, and Project Engineer are required. For Type II(B) CEs, the signature of the appropriate FHWA representative is required for approval.
D. DOCUMENTATION REQUIREMENTS
Type I Documentation Requirements:
If a project is comprised exclusively of Type I activities, no further documentation is required. No further approval is needed, as these actions are pre-approved by the FHWA as CEs.
Type II Documentation Requirements:
As stated previously, Type II CE's are those projects which require further documentation to demonstrate that significant environmental effects will not result before being approved as a CE. The further classification of a CE as Type II(A), Type II(B) or Type II(C) is determined by completion of Part E of the Categorical Exclusion Action Classification Form. Completion of this checklist will determine if any threshold values are exceeded and, thus, if further documentation is required to demonstrate that the project will not have a significant effect on the environment. The project engineer is responsible for coordinating with the FHWA Area Engineer early during the project planning process to insure that the CE designation (Type II(A) or Type II(B)) is appropriate and applicable.
Type II documentation requirements are as follows:
Type II (A): If completion of Part E of the Categorical Exclusion Action Classification Form does not yield an unfavorable response, the project is considered to meet the conditions and criteria established for CEs. Completion of the Categorical Exclusion Action Classification Form in its entirety, including the appropriate NCDOT signatures, serves as adequate documentation of the project. Type II(A) CEs are approved as programmatic CEs; no signature is required by the FHWA, and no further action is required.
Type II(B): In cases where there are only a few boxes which are checked (meaning the threshold values are exceeded), the NCDOT will complete the entire Categorical Exclusion Action Classification Form and submit it to the FHWA with additional documentation (Part F) for the values which are exceeded which demonstrates that the project will not have a significant effect on the environment. Following review, the FHWA may individually approve the project as a CE Type II(B) CEs do require approval by the FHWA and signature of the appropriate FHWA representative in Part G of the form. If, through consultation with the FHWA, the FHWA concludes that the project may not be processed as a Type II(B) CE and further environmental documentation is needed, as a minimum, a "Categorical Exclusion" project planning report should be prepared.
Type II(C): For those projects which meet the conditions and criteria established in 23 CFR 771.117 for a CE but more than minimally exceed the threshold values, environmental studies will be undertaken and the results documented in a "Categorical Exclusion" project planning report. The report will address potential: (1) substantial environmental impacts; (2) substantial controversy on environmental grounds; (3) impacts on properties protected by Section 4(f of the U. S. Department of Transportation Act of 1966 and Section 106 of the National Historic Preservation Act; and (4) inconsistencies with any Federal, State or local law, requirement or administrative determination relating to the environmental aspects of the action. If the environmental evaluation concludes that the project will not have significant environmental impacts, the FHWA will approve the project as a CE.
E. THRESHOLD CRITERIA FOR TYPE II(A) CATEGORICAL EXCLUSIONS
The threshold criteria which have been established for Type II(A) CEs is listed below. Projects that are in accordance with the criteria listed below are not anticipated to result in significant impacts to the environment.
ECOLOGICAL
PERMITS AND COORDINATION
SOCIAL, ECONOMIC AND CULTURAL RESOURCES
PROCEDURES FOR PROCESSING TYPE I, TYPE II(A) AND TYPE II(B) CATEGORICAL EXCLUSIONS
A. Type I Categorical Exclusions
The Program Development Branch will be responsible for documenting Type I CEs on the initial Project Authorization Form (PM-l00). The following note should be included on Form PM-l 00 for all Type I CEs: "No adverse environmental actions are associated with this project. This project is classified as a Type I CE in accordance with the "Documentation Requirements and Approval Procedures of Federal-Aid Project Classified as Categorical Exclusion" dated 1/93, as revised."
B. Type II(A) and II(B) Categorical Exclusions
APPENDIX
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
| TIP Project No. | ||
| State Project No. | ||
| Federal Project No. |
| Ecological | Yes | No | ||
| 1 | Will the project have a substantial impact on any unique or important natural resource? | |||
| 2 | Does the project involve habitat here federally listed endangered or threatened species may occur? | |||
| 3 | Will the project affect anadromous fish? | |||
| 4 | If the project involves wetlands, is the amount of permanent and/or temporary wetland taking less than one-tenth (1/10) of an acre and have all practicable measures to avoid and minimize wetland takings been evaluated? | |||
| 5 | Will the project require the use of U. S. Forest Service lands? | |||
| 6 | Will the quality of adjacent water resources be adversely impacted by proposed construction activities? | |||
| 7 | Does the project involve waters classified as Outstanding Water Resources (OWR) and/or High Quality Waters (HQW)? | |||
| 8 | Will the project require fill in waters of the United States in any of the designated mountain trout counties? | |||
| 9 | Does the project involve any known underground storage tanks (UST's) or hazardous materials sites? | |||
| Permits and Coordination | Yes | No | ||
| 10 | If the project is located within a CAMA county, will the project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? | |||
| 11 | Does the project involve Coastal Barrier Resources Act resources? | |||
| 12 | Will a U. S. Coast Guard permit be required? | |||
| 13 | Will the project result in the modification of any existing regulatory floodway? | |||
| 14 | Will the project require any stream relocations or channel changes? | |||
| Social, Economic and Cultural Resources | Yes | No | ||
| 15 | Will the project induce substantial impacts to planned growth or land use for the area? | |||
| 16 | Will the project require the relocation of any family or business? | |||
| 17 | Will the project have a disproportionately high and adverse human health and environmental effect on any minority or low-income population? | |||
| 18 | If the project involves the acquisition of right of way, is the amount of right of way acquisition considered minor? | |||
| 19 | Will the project involve any changes in access control? | |||
| 20 | Will the project substantially alter the usefulness and/or land use of adjacent property? | |||
| 21 | Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? | |||
| 22 | Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is, therefore, in conformance with the Clean Air Act of 1990)? | |||
| 23 | Is the project anticipated to cause an increase in traffic volumes? | |||
| 24 | Will traffic be maintained during construction using existing roads, staged construction, or on-site detours? | |||
| 25 | If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? | |||
| 26 | Is there substantial controversy on social, economic, or environmental grounds concerning the project? | |||
| 27 | Is the project consistent with all Federal, State and local laws relating to the environmental aspects of the project? | |||
| 28 | Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? | |||
| 29 | Will the project affect any archaeological remains which are important to history or pre-history? | |||
| 30 | Will the project require the use of Section 4(f) resources (public parks, recreation lands, wildlife and waterfowl refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. Department of Transportation Act of 1966)? | |||
| 31 | Will the project result in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? | |||
| 32 | Will the project involve construction in, across, or adjacent to a river designated as a component of or proposed for inclusion in the Natural System of Wild and Scenic Rivers? |
| TIP Project No. | ||
| State Project No. | ||
| Federal Project No. |
Project Description: (Include project scope and location. Attach location map.)
Categorical Exclusion Action Classification: (Check one)
TYPE II(A)
TYPE II(B)
Approved:
| Date | Assistant Manager Planning & Environmental Branch |
||
| Date | Project Planning Unit Head Planning & Environmental Branch |
||
| Date | Project Planning Engineer Planning & Environmental Branch |
For Type II(B) projects only:
| Date | Division Administrator Federal Highway Administration |